Roommate Gave Me 30 Days Notice But Has Not Moved Out

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Quoting jk

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because if this was not a legal apartment, it changes things for you, a lot.

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Would they change in my favor? Is there somewhere you could point me to. Sorry i just dont know what to look for thats why im here lol. Thanks for all your help though.

So as of the 1st i can go down to the court house and file a eviction and small claims? or just the evction for now untill they actually move out or i should charge them a whole months rent.

Could i change the animal rule to no animals and that would get them a 72 hour notice for that or something? Non payment of rent would be a 30 day wouldnt it?

Or would the no animal rule also apply to the eviction by force?

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Would they change in my favor?

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Quite the opposite. You may be granted possession of the property, but generally landlords are prohibited from collecting rent on illegal apartments, so you'd be out of luck when it comes to any monies owed.

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Could i change the animal rule to no animals and that would get them a 72 hour notice for that or something?

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No, you can't just change your agreement willy-nilly and use it retroactively. If you're going to change the agreement, you need to give notice of a full rental period - in this instance, one month.

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James Shields;646505]Would they change in my favor?

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If it was an illegal apartment? No, it would injure your claim. It is illegal to rent an illegal apartment so the courts are loathe to assist you in recovering illegal gains.


Is there somewhere you could point me to. Sorry i just dont know what to look for thats why im here lol. Thanks for all your help though.





I have no idea what rules you have imposed on the guy. Does he have an animal? Did you disallow animals?

You can't change the rules instantly. You have to provide proper notice of the change. Generally not enforceable until the beginning of the next rental period, at least. Some state require at least 30 days notice for new rules to take effect.

Non-payment of rent

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90.394 Termination of rental agreement for failure to pay rent. The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.105 to 105.168, as follows:
(1) When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.
(2) For all tenancies other than week-to-week tenancies, by delivering to the tenant:
(a) At least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the eighth day of the rental period, including the first day the rent is due; or
(b) At least 144 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.
(3) The notice described in this section must also specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment of rent.
(4) Payment by a tenant who has received a notice under this section is timely if mailed to the landlord within the period of the notice unless:
(a) The notice is served on the tenant:
(A) By personal delivery as provided in ORS 90.155 (1)(a); or
(B) By first class mail and attachment as provided in ORS 90.155 (1)(c);
(b) A written rental agreement and the notice expressly state that payment is to be made at a specified location that is either on the premises or at a place where the tenant has made all previous rent payments in person; and
(c) The place so specified is available to the tenant for payment throughout the period of the notice. [2005 c.391 §8]

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the problem with that is; they can cure the deficiency so the tenancy continues.

You have a couple days here to see what happens. I would tend to not let yourself get too worked up about this until the first. Then, if he has not moved out, file for an eviction. That is also not an instant action so again, don't get too worked up.

If you depend on his notice, you are not terminating the tenancy. He already has. If you start trying to speed things up as you are suggesting, it will take you longer.

Right on thanks guys for the help.

It is 6:24pm on the 31st and they are now just starting to move stuff out. I guess i will see if they are done by midnight. Than when he give me the keys i will make another attempt to collect on the past due bills and give him till the 30th of September or i will have to take the next step.

sounds good. Giving any notice in writing with you retaining a copy of what you give him along with the date, time, and how and where you delivered it to him would be a good idea.